Opinion
2:23-cv-459-JHC
05-19-2023
GETE ALEMU, Plaintiff, v. ALEJANDRO MAYORKAS, et al., Defendants.
NICHOLAS W. BROWN, United States Attorney. MICHELLE R. LAMBERT, NYS #4666657, Assistant United States Attorney United States Attorney's Office, Attorneys for Defendants JANE MARIE O'SULLIVAN, WSBA#34486, O'Sullivan Law Office, Attorneys for Plaintiffs.
NICHOLAS W. BROWN, United States Attorney.
MICHELLE R. LAMBERT, NYS #4666657, Assistant United States Attorney United States Attorney's Office, Attorneys for Defendants
JANE MARIE O'SULLIVAN, WSBA#34486, O'Sullivan Law Office, Attorneys for Plaintiffs.
STIPULATED MOTION TO HOLD CASE IN ABEYANCE AND ORDER
JOHN H. CHUN, United States District Judge.
Plaintiff brought this litigation pursuant to the Administrative Procedure Act seeking, inter alia, to compel the U.S. Citizenship and Immigration Services (“USCIS”) adjudicate Plaintiff's Form I-589, Application for Asylum and for Withholding of Removal. Defendants' response to the Complaint is currently due on May 30, 2023. The parties are currently working towards a resolution to this litigation. For good cause, the parties request that the Court hold the case in abeyance until July 31, 2023.
Courts have “broad discretion” to stay proceedings. Clinton v. Jones, 520 U.S. 681, 706 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); see also Fed.R.Civ.P. 1.
With additional time, this case may be resolved without the need of further judicial intervention. USCIS scheduled Plaintiff's asylum interview for June 5, 2023. Plaintiff will submit all supplemental documents and evidence, if any, to USCIS seven to ten days prior to the interview date. After the interview, USCIS will need time to adjudicate her asylum application. Once the application is adjudicated, Plaintiff will dismiss the case with each party to bear their own litigation costs and attorneys' fees. Accordingly, the parties request a 60-day abeyance to allow USCIS to conduct Plaintiff's interview and process her asylum application.
As additional time is necessary for this to occur, the parties request that the Court hold the case in abeyance until July 31, 2023. The parties will submit a joint status report on or before July 31, 2023.
I certify that this memorandum contains 280 words, in compliance with the Local Civil Rules.
ORDER
The case is held in abeyance until July 31, 2023. The parties shall submit a joint status report on or before July 31, 2023. It is so ORDERED.